Natural Gas Pipeline Co. v. Panoma Corporation et al. (349 U.S. 44)

U.S. Supreme Court · decided April 11, 1955 · Supreme Court Database (Spaeth)

Citation
349 U.S. 44 · 75 S. Ct. 576
Docket
No. 191
Argued
March 28, 1955
Decided
April 11, 1955
Term
October Term 1954
Vote
7–1
Issue area
Economic Activity
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative

How the Justices voted

Majority
Chief Justice Warren, Justice Black, Justice Clark, Justice Frankfurter, Justice Burton, Justice Reed, Justice Minton
Dissenting
Justice Douglas (wrote)

Opinion on Justia

Opinion excerpt

Per Curiam. In these cases Oklahoma has attempted to fix a minimum price to be paid for natural gas, after its production and gathering has ended, by a company which transports the gas for resale in interstate commerce. We held in Phillips Petroleum Co. v. Wisconsin, 347 U. S. 672, that such a sale and transportation cannot be regulated by a State but are subject to the exclusive regulation of the Federal Power Commission. The Phillips case, therefore, controls this one. We disagree with the contention of the appellees that Cities Service Gas Co. v. Peerless Oil and Gas Co., 340 U. S. 179, and Phillips Petroleum Co. v. Oklahoma, 340 U. S. 190, are applicable here. In those cases we were dealing with constitutional questions and not the construction of the Natural Gas Act. The latter question was specifically not passed upon in those cases. Reversed. Mr. Justice Douglas, being of opinion that State regulation of price is permissible until the Federal price regulation permitted by Phillips Petroleum Co. v. Wisconsin, 347 U. S. 672, is imposed, dissents. Mr. Justice Harlan took no part in the consideration or decision of these cases.

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